SANJAY DIXIT Vs. RAVINDRA ANAND

JUDGEMENT

(1.) THIS is an appeal filed by the appellant challenging the award passed by the trial Court vide its Order dated 29th June, 1987. It is contended by the learned counsel for the appellant that the final award in the case was passed without giving full opportunity to the appellant to prove his case. On perusal of the order -sheet of the Tribunal, the contention raised by the appellant is found to be correct.

(2.) ON 28/1/1987 the order -sheet recorded that the appellant was given further opportunity to produce further evidence in the case and the matter was fixed for 31/3/1987. On 24/3/1987 the counsel for the appellant moved an application under section 92 -A of the Motor Vehicles Act, which was directed to be put up on 31 -3 -1987 and the counsel for the non -applicants asked for time to file reply to that application. Thereafter the arguments were heard on that application on 10/4/1987. The case was adjourned for orders for 17/4/1987. On 17/4/1987, 23/4/1987 and 4/5/1987 the order was not ready and, therefore,matter was adjourned. On 8/5/1987 the Court passed an order directing that the case be put up on 19/6/1987 as there are some legal points involved in the case. On 19/6/1987 matter was heard i.e. on the application under section 92 -A and' the case was fixed for orders on 26/6/1987. On 26/6/1987 order was not ready and the matter was adjourned for 29/6/1987. On 29/6/1987 the impugned order was passed by the Court, whereby it was held that the non -applicant No.3 is not liable to pay any compensation and non -applicant Nos. 1 and 2 are held to be jointly and severally liable to pay Rs. 6,800/ - as compensation to the appellant for the injuries caused to him in the accident.

(3.) THE award passed on 29th June 1987 by the Motor Accidents Claims Tribunal, Jabalpur is illegal and, therefore, set aside. In view of the aforesaid, the appeal is allowed and the matter is remanded back to the Motor Accidents Claims Tribunal, Jabalpur for deciding the matter afresh by giving opportunities to the parties to lead evidence and thereafter pass appropriate order/award in accordance with law. The Tribunal is also directed to decide the application under section 92 -A of the Motor Vehicles Act. As the matter is pending since long, the parties are directed to appear before the Motor Accident. Claims Tribunal, Jabalpur on 27th Nov. 1992. The record of the case be sent back immediately. In the circumstances of the case the parties shall bear their own costs.